03.29.23 BPB Minutes Final City of Beverly Planning Board
March 29, 2023
Meeting Minutes
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CITY OF BEVERLY
PUBLIC MEETING MINUTES
BOARD OR COMMISSION: City of Beverly Planning Board
DATE: March 29, 2023
LOCATION: Beverly City Hall, 191 Cabot Street, 3rd Floor Council
Chambers
MEMBERS PRESENT: Chair Ellen Hutchinson, Vice Chair Derek Beckwith,
Ellen Flannery, George Gomes, Wayne Miller, Sarah
Bartley (remotely)
MEMBERS ABSENT: Rodney Sinclair
OTHERS PRESENT: Director of Planning & Community Development Darlene
Wynne, Assistant Planning Director Ken Clawson
RECORDER: Naomi Moca
Call to Order
Chair Hutchinson calls the meeting to order at 7:00 p.m.
1. Subdivision Approval Not Required Plans
There are no SANR Plans for this meeting.
Recess for Public Hearings
Flannery: Motion to recess. Vice Chair Beckwith seconds. Hutchinson conducts a roll
call vote. Motion carries (6-0).
2. Continued Public Hearing: Special Permit#183-22 and Site Plan Review #159-22 — 128
Boulder Lane - Oak Forest Farm LLC—Proposal for a 15,000 s.f. warehouse and storage unit
located in the IR Zoning District and the Water Supply Protection Overlay District
Director Wynne states that the applicant has requested a continuation to the April 24, 2023
meeting due to continued interior and exterior redesign of the building.
Flannery discusses scheduling a site visit before the April 24, 2023 meeting. Wynne states that
the site visit would be posted but not a regular meeting with discussion.
Beckwith: Motion to request a site visit. Flannery seconds. Hutchinson conducts a roll
call vote. Motion carries (6-0).
Beckwith: Motion to continue the hearing to the April 24, 2023 meeting. Flannery
seconds. Hutchinson conducts a roll call vote. Motion carries (6-0).
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Hutchinson discusses that the public is welcome to attend the site visit, which will be posted on
the City website, and that discussion is prohibited at the visit.
3. Public Hearing: Site Plan Review #162-23 —451 Essex Street- Fazio Enterprises, Inc.
Director Wynne reads the public notice. Miranda Siemasko of Glovsky and Glovsky, Nicholas
Gabriel of Fazio Enterprises, Bob Griffin of Griffin Engineering, and Thaddeus Siemasko of SV
Design are present. Miranda Siemasko summarizes the project, stating that this application
involves a proposed mixed-use building. The site is located in the CN zoning district, which is
designed to allow for small-scale business operations in an otherwise residential neighborhood.
The site abuts a commercial property at 453-455 Essex Street, the Mobil gas station and
convenience store, also owned by Fazio Enterprises. The applicant has owned the Mobil since
2009 and had the opportunity to purchase the adjacent property in 2018, which was a neglected
residential property at the time, with the aim to eventually redevelop it.
Miranda Siemasko states that the building will contain five townhouse-style rental units with
approximately 2,000 square feet of commercial space that will be broken up into two separate
commercial spaces, the use of which is not yet determined, but will be either small-scale retail or
a small office-type business. The building will be set back approximately 30 feet from Essex
Street and will comply with CN dimension requirements, height, and parking requirements.
Siemasko points out that the project is a unique opportunity for small-scale infill development as
well as much-needed residential space, and it offers a different type of residence to what is
otherwise available in the neighborhood. Siemasko states that while the project requires site plan
review and Conservation Commission approval, it does not require zoning approval. Siemasko
presents recommendations from the Parking and Traffic Commission and the Design Review
Board.
Thaddeus Siemasko presents the project's design, pointing out its location in relation to nearby
landmarks such as the Mobil gas station convenience store, Gulf Station, and Dunkin Donuts.
The site has a fair bit of frontage on Essex Street and crosses into wetlands. The building is
situated to allow for all parking spaces to be within the site. Directly behind the parking, there
will be five units and Siemasko states that the building will not be entirely visible from the street,
which is an advantage visually. The units will be two-bedrooms with a third swing space with
the option to use it as a bedroom. The color scheme will be gray and white and some copper-
colored highlights. The construction materials include clapboard asphalt shingles and other
traditional building materials which will lend to its traditional appearance, fitting into the
aesthetic of the neighborhood.
Griffin states that in 2020 the City improved Essex Street with repaving and new sidewalks, so
most of the work on the site is from the back of the site moving forward to the sidewalk. Griffin
states that there is more than 500 feet of sight distance as confirmed by the Parking and Traffic
Commission, which is more than is required. There is more parking than is required, with plenty
of allowance to turn around. The landscaping includes bike racks, a trash area, and a privacy
fence as well as screening vegetation along the property line. There is ample room for snow
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removal onto the lawn opposite Units 1, 2, and 3 and at the end of the driveway. The light
fixtures will be sconces on the sides of each entryway, as well as lighting in the parking lot. The
planting plan includes small trees and perennials suitable for this zone,planned by landscape
architect Laura Rutledge, totaling approximately 15 trees, dozens of shrubs, and hundreds of
perennials. Irrigation will include moisture sensors to prevent unnecessary watering. The sewer
line runs along the left side of the site, and the landscaping plan has been adjusted to
accommodate the Engineering Department's request. The grading and drainage meet stormwater
management requirements using catch basins leading to an infiltration field. Roof runoff will be
channeled into the stormwater system as well. With regard to utilities, water has been brought
into the site already, the plumbing will tie into the existing sewer line, and a transformer will be
placed along the street, the location of which will be determined by the utility company. All of
the units will have fire suppression sprinklers,provisions have been incorporated into the plan to
make the units solar-ready, and the heat and hot water are electric.
Thaddeus Siemasko points out the sustainability features, such as a white surface on the flat
portion of the roof, heat pumps, roof space for solar panels, EV charging stations, recycling and
composting services, and green construction materials. Miller asks if a geothermal system was
considered and Thaddeus Siemasko responds that while the team agrees that geothermal is am
efficient system, geothermal does not make economic sense for this project as it is a private
market.
Beckwith asks for a summary of the recommendation and conditions made by the Parking and
Traffic Commission on March 7, 2023: 1)plantings shall not impact the visibility of people
exiting onto Essex Street either from this site or from the adjacent site by planting either low-
height plants,pulling plantings back from the street edge, or both 2)the Commission
recommends using bike racks that have two-point contacts so that people are encouraged to lock
their bikes, and 3) a drive through establishment shall not be part of this nor any future project.
Miranda Siemasko states the applicant accepts the conditions given by the Parking and Traffic
Commission.
Hutchinson asks for a summary of the recommendation and conditions made by the Design
Review Board on March 2, 2023: 1)to shift the vegetation 8-10 feet at the end of the parking lot
and replace it with grass, and 2)to swap the amelanchier grandiflora to amelanchier canadensis.
Griffin clarifies that the perennials were originally placed closer to the pavement and that the
Design Review Board made the condition to move them to create distance from the pavement to
allow for snow storage and increase the chance of survivorship.
Hutchinson asks if there are any comments from the Engineering Department. Wynne states that
comments were received today, March 29, 2023 including: 1) further clearing of the sewer
easement beyond the limit shown on the project is not required, only clearing as it extends to the
25-foot No Disturb Zone in the project area, 2) regarding the planting bed located over a portion
of the sewer easement, the Serviceberry tree and the Sweet Gum tree will be relocated away
from the easement to approximately the area south of the proposed building as Griffin had
discussed in his presentation. The shrubs in the planting bed can remain as shown provided that
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the applicant understands and accepts that the City is not responsible for maintaining or replacing
the shrubs in the event that sewer line work disturbs the planting bed, 3)that the applicant will
use their best efforts to video inspect the entire existing City sewer line between Alcann Road
and Essex Street, and 4)the City recognizes that access to property not under the control of the
applicant may prevent the inspection portion of said sewer.
Miranda Siemasko clarifies that there is an email was in response to the comments in the staff
report, so with these modifications, the applicant is accepting all the other conditions in the
Engineering comments from the Central Square permitting system dated March 23, 2023.
Beckwith asks if the applicant is appearing before the Conservation Commission next week.
Griffin confirms that the project is going before the Conservation Commission next week, and
clarifies that it is under the jurisdiction of the Conservation Commission and the applicant is
simply doing due diligence, with no special permits anticipated.
Wynne reminds the Board that the Conservation Commission is an entirely separate
jurisdictional resource area, and that the Board cannot make any recommendations regarding the
Conservation Commission's jurisdiction, but if the Conservation Commission makes any
changes to the plan, the project must come before the Planning Board again.
Helmut Umbley of 502 Essex Street states that where units one, two, and three are located there
is a 12-foot drop and asks if there will be a retaining wall along the brook. Griffin states that no
retaining wall is required, and the slope from the sidewalk to the rear of the site is a six-foot
grade or approximately a 3% slope. Behind the building there is an additional six feet of grade
change and thus no retaining wall is required. Griffin states that the project complies with the 25-
foot No Disturb Zone and is located 50 feet away from the wetland.
Patricia Umbley of 502 Essex Street states that the residence that was torn down was a single-
family residence in existence before any commercial entities were built in the area, and asks how
the zoning has changed from residential to commercial in this instance. Umbley recalls that since
she moved to the area 50 years ago, the zone appears to have changed. Wynne explains that the
use of the site is different from the zone. As a CN zone, it was a single-family use within a CN
zone which is commercial-residential. Wynne states that the CN zone has been established for at
least 10 years and the house was within a commercial zone. Wynne states that the zoning is for
housing and commercial, and the zoning does not specify whether the housing units are
condominiums or apartments. Umbley expresses concern that the site slopes into the wetland,
and that salt may run into the wetland. Umbley observes that the site is narrow and expresses
concern at the number of units on the site. Hutchinson explains that the CN zoning is for the
purpose of small commercial entities serving the local community, and acknowledges Umbley's
observation about the size of the site.
Griffin explains the stormwater management system, which channels runoff into a catch basin
with chambers within it and then gradually infiltrates into the ground, and states that the
applicant has submitted calculations to the Board demonstrating that the runoff will be no greater
than it is now.
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Eric Kenney of 120 Stanley Street states that he is a direct abutter to the property with wetlands
in between. Kenney asks which structures will remain and which will be removed, and Griffin
states that all the structures such as the gas station will remain in place. Kenney observes that the
site is very wet, and that he is interested to see how the building will fit onto a lot of this size.
Mark Cutler of 122 Stanley Street states that he is an abutter to Fazio's property, and that some
of his questions may be answered at the Conservation Commission meeting on April 4, 2023.
Cutler echoes the questions of Patricia Umbley and expresses particular concern about snow
storage on the site. Cutler refers to his personal experience with having plantings approved by
the Conservation Commission, and observes that there are not a lot of native plantings in the
landscaping plan. Wynne clarifies the delineation of the 50-foot buffer zone.
Griffin states that there is no disturbance within the 25-foot No Disturb Zone, the project is
outside the 50-foot No Build zone, and that the project is outside the 50-foot setback from the
wetlands; thus, it is compliant. Griffin clarifies that almost all of the planting species are native
and that all the plantings on the list are appropriate to New England.
Eric Pierce of 441 Essex Street states that he is an abutter and has lived in the area for many
years. He recalls that in the past, there was a pond next door with a brook that flowed constantly
but has now slowed. He asks how much of a boundary will be between the pond, the project, and
his property. Griffin states that the wetland boundary was delineated in 2020, and that Pierce's
view within 75 feet of his property will remain unchanged, and that he will see the new building
beyond, but no fences or walls are being built. Griffin states that the project will be built close to
where the house structure was. Griffin explains that the sewer line already crosses the property at
441 Essex Street, the project's plumbing will tie into the sewer, and that runoff water will go
through an infiltration bed and then gradually into the wetlands.
Brooke Newcomb, the daughter of Pierce, asks what percentage of the lot will be occupied by
the building structure. Griffin states that the size of the lot is 60,000 square feet, thus 10% of the
parcel is occupied by the building structure. Thaddeus Siemasko explains that while the site
appears small from the street, it goes back a good distance, making the shape of the site rather
narrow, and explains that the building is set back from the street and descending from the street's
level. Newcomb asks what the view will be from the 441 property, and Griffin explains that from
the 441 property, 50 feet will be woods, and then on that side of the site there will be plantings
that include shrubs. Newcomb asks where the snow will be stored, and Griffin points out the
location on the site plan. Newcomb states that in her studies of the maps of the site over the past
year, she observed the wetland area is extensive, and expresses concern about snow and salt
affecting the wetland.
Pierce clarifies with Griffin that two units will be commercial, the remaining units will be
apartments, and that the apartments are not intended to be converted to condominiums.
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Ward 6 City Councilor Matt St. Hilaire of 14 Oak Street refers to the Parking and Traffic
Commission report that states that the posted speed limit is 30 miles per hour; however, observed
speeds tend to be greater due to good sight lines, generous travel times, and good roadway
conditions. Councilor St. Hilaire comments that he feels this report is an understatement and that
he receives numerous citizen concerns about pedestrian safety, speeding, and public safety
concerns. St. Hilaire states that signage, traffic mitigation, and speed enforcement in the area in
conjunction with the project is appreciated.
Miranda Siemasko offers final comments, stating that it is a by-right project and reiterating that
the concern about resource protection is within the jurisdiction of the Conservation Commission.
Miller discusses conducting a site visit, either individually or as a group, formally or informally,
which would necessitate keeping the hearing open. Flannery asks if the consideration has to do
with conservation, the Conservation Commission will evaluate ordinances in the regular
meeting, and if there are concerns, it would have to go before the Board again. Beckwith
discusses lighting, signage, and traffic concerns that were raised by Councilor St. Hilaire.
Wynne states that the Parking and Traffic Commission found that the project is not calculated to
increase traffic significantly. Hutchinson asks Miranda Siemasko about the upcoming
Conservation Commission meeting. Siemakso states that the Conservation Commission is
expected to meet twice to discuss the project and that the project will not be delayed significantly
by keeping the hearing open until the next meeting.
Flannery: Motion to continue the hearing to the April 24, 2023 meeting. Beckwith
seconds. Hutchinson conducts a roll call vote. Motion carries (6-0).
4. Public Hearing: Waiver of Frontage and Definitive Subdivision Plan—9 Kernwood
Avenue - Nathan M. Seavey and Monica D. Seavey
Wynne reads the public notice. Thomas Alexander of Alexander and Femino and applicant
Nathan Seavey are present. Alexander states that the subdivision originally consisted of two lots
from a historically 33-lot subdivision. Alexander observes that lots nine and thirteen are on either
side of the lot and states that this fact indicates that the City was reserving number eleven in
anticipation of the lots having houses built on them. The project received a variance from the
ZBA by unanimous vote to allow the two lots to be reconstituted, 15 neighbors signed a petition
in support of the project, and the direct abutters expressed support of the project. Alexander
states that the applicant is thus requesting a waiver of frontage.
Beckwith discusses that one abutter initially had objections to the project, but after Alexander
and the applicant answered the abutter's questions, they expressed their support of the plan.
Hutchinson discusses that the division of frontage is unequal and that Lot A will have 35 feet of
frontage and the precedent that it may set. Alexander states that: there have been waivers in the
City in the past with even less frontage and that public safety vehicles will be able to access the
site. Miller asks what the average frontage city-wide is and Alexander states the average
frontage citywide is about 50 to 60 feet. Miller comments that 35 feet is significantly less than
50 or 60 feet. Alexander responds that the driveway is required to only be 10 feet to 12 feet to
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allow access to the lot. Hutchinson asks about the size of the proposed house. Alexander
responds that the size of the proposed house is 1,800 square feet. Hutchinson states that she is
bothered by the lack of frontage. Alexander responds by saying that there are over 100 lots in
Beverly with that amount of frontage or less. Hutchinson asks if a shared driveway was
considered. Alexander responds that the design is a result of what the neighborhood favors and
that the lots are larger than the average lot in the neighborhood. Beckwith asks if there are plans
for a fence between the two lots. Seavey responds that there will be some kind of a barrier with
shrubbery in the rear yard and landscaping in the front. Seavey will be living in one of the
houses.
Beckwith asks about the basis for the variance hardship. The hardship as defined is the location
of the building on the site, which makes it challenging to subdivide the lot. Miller states that he
is influenced by the neighborhood support and that there are not lots in the neighborhood that
meet the frontage requirement and will vote in favor of the subdivision. Hutchinson states that
she wants the record to reflect that voting in favor of this subdivision does not set a precedent for
35 feet of frontage. Wynne reminds the Board that none of their decisions set a precedent.
Beckwith: Motion to close the public hearing. Miller seconds. Hutchinson conducts a
roll call vote. Motion carries (6-0).
Beckwith: Motion that the Planning Board grant the Waiver of Frontage requirement
and approve the Definitive Subdivision Plan PLB23-00007 at 9 Kernwood
Avenue, Nathan M. Seavey and Monica D. Seavey, applicants because such
action is in the public interest. Gomes seconds. Motion carries (6-0).
Flannery: Motion to reconvene the regular meeting. Gomes seconds. Hutchinson
conducts a roll call vote. Motion carries (6-0).
Reconvene Meeting
5. Discussion on closed Public Hearings,if not already decided
a. There are none
6. Inclusionary Housing Application #25-23: 8 Enon Street—HKL Realty and 8 Enon Street
LLC
Conor Walsh of Glovsky and Glovsky and principal applicant Jessie Jalbert are present. Walsh
states that the applicant owns three of the four units and is in the process of purchasing the fourth
unit, with the intention to convert the existing structure to contain one professional office unit
and 13 residential units. There will be nine one-bedroom units and four studio units and there
will be no expansion to the structure. The project is required to meet the City's inclusionary
housing ordinance, therefore one studio and one one-bedroom unit will be designated as
affordable housing at 60% of the area median income, consistent with the recent change to the
Zoning Ordinance. The lottery and application process will be handled by the Massachusetts
Executive Office of Housing and Livable Communities (EOHLC).
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Beckwith asks if the units that are affordable will be designated instead of floating. Walsh states
that that situation occurs the most when a resident becomes ineligible for the affordable unit,
such as through an increase in income. The process for the phasing out of affordable status will
be handled by the EOHLC and there is a grace period for instances when residents price out of
affordable housing. The loft studio apartments are located on the top floor with the one-
bedrooms on the floor below and there will be one 1,000 square foot professional office space.
Beckwith: Motion that the Board approve the Inclusionary Housing application 425-23:
8 Enon Street—HKL Realty and 8 Enon Street LLC. Flannery seconds.
Motion carries (6-0).
7. Preliminary Subdivision Plan Reviews:
a. 100 Rantoul Street - Barnat Beverly LLC—filed 2/8/2023
Wynne states that at the last meeting, the Board requested a letter from the City Solicitor.
Materials added to the record:
• Letter from Beverly City Solicitor dated March 22, 2023
• Letter from applicant's attorney requesting withdrawal of the application without
prejudice dated March 29, 2023
Wynne reads the letter from the applicant's attorney into the record. Wynne states that she
understands the letter to mean that the applicant believes that they have the standing to file the
application but are nevertheless asking for the application to be withdrawn without prejudice.
The withdrawal of the application would nullify the zoning freeze. Hutchinson asks that the
applicant believes that just by filing the preliminary subdivision application that the zoning
freeze is enacted, even though the City Solicitor has stated that the applicant does not have the
standing to file the application. Wynne states that she had suggested to the applicant that they
file a continuation request and was then informed that the applicant would be withdrawing the
application. Hutchinson asks why the Board would not vote to withdraw with prejudice because
they have no standing. Wynne and Hutchinson discuss what with prejudice means and that it
doesn't prevent the applicant from filing a new application, but the new application would not
have the benefit of the zoning freeze as the zoning has already changed. Beckwith asks if
something else was given to the City Solicitor earlier in the day based on the context of the letter
from the applicant asking for the application to be withdrawn. Wynne clarifies that the applicant
provided case law with their letter to the City Solicitor. Hutchinson states that if the Board were
to vote to withdraw the application with prejudice, that she worries it might make their vote
invalid as the request is to have the application withdrawn without prejudice. Beckwith asks if it
makes sense to just deny the request to have the application withdrawn and Wynne responds that
the zoning freeze will remain open if the Board does that.
Flannery: Motion to grant the request to withdraw the application without prejudice for
the preliminary subdivision plan at 100 Rantoul Street, applicant Barnat
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Beverly LLC. Miller seconds. Hutchinson conducts a roll call vote. Motion
carries (6-0).
8. Set public hearings,if any:
a. Special Permit#185-23 and Modification to Site Plan Review #152-21 —572R
Essex Street—Elizabeth Keary Soule, The Trustees of Reservations
Beckwith: Motion to set the public hearing for Special Permit#185 —23 and
Modification to Site Plan Review #152-21 —572R Essex Street, applicant
Elizabeth Keary Soule, The Trustees of Reservations for the April 24, 2023
meeting. Miller seconds. Motion carries (6-0).
9. Approval of Minutes (as available):
a. None
10. New or other business:
Wynne introduces Assistant Director of Planning Ken Clawson.
Wynne discusses that a zoning change proposal has been submitted by a private entity for a map
change in the area of the Anchor restaurant in the Goat Hill neighborhood to move a boundary
line on a parcel that will enable the lot's purpose to be changed to parking. The City Council
would like to schedule the joint public hearing for Tuesday April 18, 2023 at 7:30 p.m. May 1,
2023 is an alternative date for the joint meeting.
11. Adjournment
Flannery: Motion to adjourn. Beckwith seconds. Motion carries without opposition.
Meeting adjourns at 9:23 p.m.
The next regular meeting of the City of Beverly Planning Board is scheduled for Monday,
April 24, 2023.
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